PUBLICATION POLICIES OF THE INTERNATIONAL C OMMITTEE ON ENGLISH IN THE LITURGY, INC. A JOINT COMMISSION OF CATHOLIC BISHOPS' CONFERENCES EFFECTIVE DECEMBER 1995 Amended 2008, 2010, 2013
PUBLICATION POLICIESOF THE
INTERNATIONAL COMMITTEE ON ENGLISH IN THE LITURGY, INC. A JOINT COMMISSION OF CATHOLIC BISHOPS' CONFERENCES
EFFECTIVE DECEMBER 1995Amended 2008, 2010, 2013
CONTENTS
PART ONE: ICEL PUBLICATION POLICIES
Nature and Purpose of ICEL, page 3Approval of ICEL Texts, 4Permissions, 4ICEL Copyright, 5Royalties, 5Contracts, 5Variations in Liturgical Texts, 7Rubrics, 9
Liturgical Books for Ministers, 9Popular Publications, 10
Sense Lines, 10ICET/ELLC Texts, 11
PART TWO: SCHEDULE OF ROYALTIES
Preliminary Notes, 13Publications Subject to Royalties, 14ICEL Content and Non-ICEL Content, 14Royalty Schedules and Fees
Minister's Editions, 14Publications Issued on a Periodical Basis, 15Other Publications, 16Flat Fees, 17Computer Disks, 17Export Sales to Developing Countries, 17Recordings, 17Additional Fees, 17
Publications Not Subject to RoyaltiesPublications for One-Time Use, 18Publications for More than One-Time Use, 18ICEL Newsletter, 18
PART THREE: THE COPYRIGHT ACKNOWLEDGMENT, 19
Elements of Acknowledgment, 19Acknowledgment of an Entire Work, 19Acknowledgment of Excerpts, 20
APPENDIX:
THE ICEL CONTRACT (EXAMPLE), 21Use of ICEL Materials on Global Computer Networks, 25
PART ONE
ICEL PUBLICATION POLICIES
NATURE AND PURPOSE OF ICEL
The International Commission on English in the Liturgy was established
in October 1963 as an unincorporated association of bishops designated by
sponsoring conferences of bishops. In 1967 the Commission was incorpo-
rated in Canada as a nonprofit body for religious, charitable, and educational
purposes under the title, International Committee on English in the Liturgy,
Incorporated. This corporation, which holds title to all ICEL literary proper-
ties, was established to insure the protection of the liturgical and literary
integrity of ICEL translations, texts, and other materials.
The members of the corporation are eleven bishops designated by the
eleven sponsoring English-speaking conferences of bishops: Australia,
Canada, England and Wales, India, Ireland, New Zealand, Pakistan, the
Philippines, Scotland, South Africa, and the United States of America. The
eleven bishops also serve as the Board of Directors (Episcopal Board). The
associate member conferences, fifteen in number, do not designate represen-
tatives as members of the ICEL corporation, but their canonical status in
relation to liturgical texts is recognized by ICEL's communication to each
conference or its national liturgical commission of all texts and other materi-
als.
From the beginning, ICEL's chief function has been to provide English
translations and original texts for the revised liturgical books of the Roman
rite. In offering this service, ICEL and the Episcopal Board have sought to
carry out the principles and directives set forth in the Constitution on the
Liturgy of the Second Vatican Council as well as the Holy See's implementa-
tion of these principles and directives, especially in the revised liturgical
books.
The ICEL program is carried out, under the authority of the Episcopal
Board, by an Advisory Committee whose members are appointed by the
Episcopal Board, with the assistance of subcommittees and working groups
of specialists, as well as individual translators, writers, composers, editors,
and consultants. The work is coordinated by the professional staff of its
Secretariat located in Washington.
By way of exception, because of its limited audience and expected sales, publication of The RomanPontifical, Volume I, was undertaken by ICEL.
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ICEL itself is not a publisher of liturgical books and related materials in
the usual sense. Rather, like individual authors, translators, or editors, it1
provides the content of such publications to publishing firms. ICEL does
publish, in limited editions but not commercially, its draft translations and
texts for consultation purposes (Green Books) and its definitive translations
and texts (White Books). The former are issued for the purpose of consulta-
tion, although they may be adopted for provisional use by individual confer-
ences of bishops. The latter are issued for the use of the conferences of
bishops, who are then free to give canonical approval or not, and for the use
of publishers, for whom the White Books serve as the basic edition or manu-
script.
APPROVAL OF ICEL TEXTS
A conference of bishops must approve an ICEL text for liturgical use
before it may be published or distributed within the dioceses of its ecclesiasti-
cal jurisdiction, and this approval must be confirmed by the Apostolic See.
Furthermore, even after an ICEL text is formally approved by a conference of
bishops and after the ICEL contract is executed, the publisher is bound by
contract to observe the regulations established by the conference of bishops
for the territory of its jurisdiction.
The license of ICEL to publish a text does not include the imprimatur,
which the publisher must obtain from the competent church authority.
Furthermore, it is understood that ICEL provides only a basic text for interna-
tional use; it is the responsibility of editors and publishers to obtain any
modifications or adaptations in the liturgical rite itself that may be required
by the respective conference of bishops in each territory where the text will
be distributed. Even in this case, however, ICEL will endeavor, so far as
possible, to cooperate in the provision of disks or camera-ready copy, incor-
porating the additions or variations required by individual conferences of
bishops.
PERMISSIONS
All ICEL translations, original texts, and musical settings are copy-
righted and remain the property of ICEL. Permission must be sought from
ICEL for the reproduction, whatever the means, of its translations, original
texts, musical settings. and other material. All ICEL liturgical texts are made
available to publishers without distinction, on a non-exclusive basis. All
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requests should be directed to the ICEL Secretariat, 1100 Connecticut
Avenue, NW, Suite 710, Washington, D.C., 20036, U.S.A.
ICEL COPYRIGHT
ICEL copyrights its texts in order to maintain under the civil law and
international conventions the Church's ownership of these texts used by
Catholics in their worship. The legal safeguard provided by copyrighting the
texts helps to preserve their literary and liturgical integrity under the ecclesi-
astical authority given to the conferences of bishops by the Second Vatican
Council and by subsequent instructions of the Apostolic See. Through
copyright of its texts ICEL can also help to promote their availability to all
the English-speaking countries through the international copyright conven-
tions.
ROYALTIES
As a nonprofit body at the service of the Church in the countries where
English is spoken, ICEL endeavors to conduct its program with just remuner-
ation for translators, editors, composers, consultants, and staff and with
expenditures directly related to liturgical purposes. To provide a continuing
source of revenue for ICEL's current and future expenses in developing
liturgical materials, a royalty fee is charged to all publishers.
ICEL does not charge for the reproduction of its texts when they appear
in materials produced by individual parishes, schools, religious houses, and
the like for their private and non-commercial, nonprofit use. Even in such
cases, however, the requisite acknowledgment and copyright notice should
always appear.
CONTRACTS
Except as noted elsewhere, a form of agreement must be executed
between ICEL and each licensee. A new contract must be executed for each
new text used, even if it is to be incorporated into a publication for which the
publisher already has a contract.
When permission is requested to reproduce a text, the following infor-
mation for every publication in which ICEL material is to appear must be
submitted:
1. Exact title.
2. Purpose of the book: for example, a book for the presiding minister or
deacons and readers, a participation aid for the people, a commentary or
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textbook on the rites, a religious education book, or other types of publica-
tions to be specified by the person, publisher, or group requesting permission.
3. Retail list selling price per copy sold: if in different bindings, the
different prices.
4. Number of copies in the first printing: if in different bindings, the
number of copies for each binding.
5. Complete list of ICEL texts to be included in publication:
a. For The Liturgy of the Hours: elements to be used, for example,
antiphons, psalms, canticles, readings, responsories, intercessions,
prayers, etc.
b. For The Roman Missal: parts of the Mass to be reproduced, for
example, greeting, penitential rite, Eucharistic Prayers I, II, III, IV, etc.
c. For the Lectionary for Mass: elements to be used, for example,
psalm responses, gospel verses, summaries of the readings, etc.
d. For the remaining rites: the paragraph numbers given in the ICEL
publication.
6. Complete list of non-ICEL material to be included in publication, for
example, number of hymns, biblical texts, texts set to music.
To assist the publisher to provide ICEL with this information, an infor-
mation form will be sent upon receipt of a request or inquiry.
All the above information is necessary to arrive at an equitable royalty
rate and to complete the contract. Unnecessary delays will be avoided if this
information is submitted with the original request. ICEL cannot assume
responsibility for delays in the execution of contracts when the necessary
information is not supplied.
The permission granted in the ICEL contract is contingent upon the final
approval of the ICEL text by the conference of bishops of the territory where
the ICEL text will be published or distributed and also upon the requisite
confirmation of this approval by the Apostolic See. Furthermore, even after
the confirmation of this approval by the Apostolic See, the publisher is bound
by contract to observe the regulations established by the conference of
bishops for the territory of its jurisdiction.
For most of its works ICEL provides two different contracts, one for
publications in which there is a substantial amount of ICEL material, the
other for publications in which ICEL material is only a small portion of the
material. The full text of a sample contract may be found in the appendix of
this booklet.
Since the licensing of material from The Liturgy of the Hours, in whole
or in part, involves the sublicensing of non-ICEL copyrighted material, in this
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case the Grail Psalms, a special contract is used for granting permission to
reproduce this ICEL work.
In most cases when the proportion of ICEL material is less than 5% in a
publication, a letter of permission and not a formal contract is issued. The
letter will always require acknowledgment of the ICEL text and strict adher-
ence to the ICEL text. It will also require payment of a flat fee for each
printing.
VARIATIONS IN LITURGICAL TEXTS
As a general principle it should be noted that variations in liturgical
texts, even when introduced legitimately in accord with the following norms,
may work against the desired interchange of publications from country to
country. The bishop representatives of countries where ritual books and other
liturgical publications are not ordinarily produced ("non-publishing coun-
tries") have urged that publications compiled in other countries avoid devia-
tions, including authorized deviations, from ICEL texts so that such publica-
tions may be distributed as widely as possible. Ordinarily the addition of
formularies for particular feasts and the like will not be an obstacle to wide
use in the non-publishing countries.
In addition to the literary quality and uniformity ICEL was established to
achieve by providing translations and original texts for the revised liturgical
books of the Roman rite, in discouraging variations in liturgical texts ICEL
assists the non-publishing countries which are unable to finance their own
projects of translation or even to publish books and other materials. This is
not intended to preclude appropriate liturgical adaptations or supplementary
liturgical texts or rites or different arrangements of rites.
1. The use of variant spellings (for example, honor/honour) is permitted
according to the usage in the place of publication. This need not be the
subject of a special agreement.
2. In many cases the ICEL text (following the original Latin text) offers
alternatives, for example, in the penitential rite of the Order of Mass, in the
nuptial blessing of the marriage rite, etc.
Omission of alternatives constitutes an "adaptation," as determined
below. ICEL cannot be a party to reducing the options found in the Latin
editions of the liturgical books except as indicated.
a. In liturgical books for presiding ministers no alternatives may be
omitted except by formal decision of the respective conference of
bishops and confirmation of this decision by the Apostolic See.
b. The printing of only one alternative may be permitted in publica-
tions for popular use. The conference of bishops of a particular country,
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however, may require that publishers include the other alternatives or at
least indicate that they may be used.
3. In some few instances, the ICEL text offers alternative translations at the
discretion of the one who uses the text in a liturgical service, for example, the
form of address ("brothers and sisters," "my dear friends") or the response to
the general intercessions. This is done to allow for local or regional usage or
to accommodate similar needs. In these cases:
a. In liturgical books for presiding ministers, either the ICEL primary
text or one of the variants may be employed, but a footnote must indi-
cate explicitly the options available.
b. In publications for popular use, either the ICEL text or one of the
variants may be employed without the footnote. Intention to do this must
be indicated in the request for the contract. Publications that include
distinctive variations of this kind, which are based on particular usage of
an individual country, will be licensed for distribution in that country
only, unless approved by the conference of bishops of another country.
4. The preparation of national rituals (Constitution on the Liturgy, article
63) and other liturgical books by authority of individual conferences of
bishops implies adaptation (see Constitution on the Liturgy, articles 37-40).
From the viewpoint of the Constitution on the Liturgy (articles 38-39) these
adaptations may be minor and involve no substantial change in liturgical
structures; from the viewpoint of texts and formularies, however, such
changes may be quantitatively very great. So far as the ICEL translations are
concerned, the following broad alternatives are possible:
a. The individual conference of bishops may choose to employ the
texts of the Roman liturgical books (and thus the ICEL translation),
while adding a greater variety of texts, prayers, formularies, etc., as well
as pastoral or rubrical directives which provide additional options. In
this case, the only special ICEL requirement is that all such textual
materials be clearly indicated, so that the ICEL copyrights may be
maintained without confusion. This is also the intent of the Roman
liturgical books (see Order of Christian Funerals, "Ordo Exsequiarum,"
1969, Introduction, no. 21, 6).
b. The individual conference of bishops may, in accord with article 63
of the Constitution on the Liturgy, construct a new rite with only a broad
relationship to the Roman liturgical books.
In this case, if it is desired to employ some ICEL translations of
prayers, etc., permission must be sought in the usual way and the ICEL
material must be clearly indicated.
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5. Whenever an official Latin prayer is to be included in translation, either
the integral ICEL version must be used without variation or the prayer should
be newly translated, without literary dependence upon the ICEL version.
6. In setting ICEL texts to music, no variation is ordinarily permitted.
Should it be desired to make a slight variation or an expansion of a single
word or phrase, or an inversion of a phrase for musical reasons, an inquiry
should be addressed to ICEL.
RUBRICS
The above rules, which are concerned with the canonically approved
liturgical texts, also apply to the ICEL translations of the rubrics and other
directive material such as the introductions, as well as the ICEL headings and
subheadings within rites, with the following exceptions:
Liturgical Books for Ministers
1. Although in liturgical books the ICEL rubrics may not be altered or
rewritten, a conference of bishops may formally approve the ICEL liturgical
texts and reject the ICEL rubrics. In this case:
a. An original translation of the rubrics must be employed.
b. There must be an explicit notice to the effect that only the liturgical
texts of ICEL have been used.
2. Where ritual adaptations are made by authority of the conference of
bishops in accord with articles 37-40 of the Constitution on the Liturgy and
the norms of the Roman liturgical books (see also below):
a. The integral ICEL rubrics may be employed.
b. The national or regional variants should be added with an explicit
indication that a particular rite, ceremony, or omission is permitted or
required in the dioceses of the country or countries in question.
3. Minor adaptations in the rubrics will be permitted readily, provided:
a. Prior permission is sought, with the submission of a complete list of
such variants.
b. The change does not alter the sense of the ICEL translation of the
Latin rubrics.
4. As in all other cases, editions for use in particular countries should be
clearly labeled as such and may not be distributed in any way outside the
country of origin, unless approved by the conference of bishops of another
country.
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Popular Publications
1. The ICEL rubrics may be included in their entirety, although ordinarily
this is not useful or even desirable.
2. Descriptive rubrics of an abbreviated character, pastoral and liturgical
commentaries, and notes may be introduced, provided:
a. They do not affect the integrity of the ICEL translation of the
liturgical texts themselves or distort the meaning of the rite.
b. They are clearly attributed to a source other than ICEL, at least by
an explicit note to the effect that the liturgical texts themselves are
copyrighted by ICEL.
c. They have received the approval of the competent ecclesiastical
authority.
3. The ICEL headings and subheadings already mentioned must be re-
tained since they pertain to the basic structure and significance of the rite.
Ever since the revision of the Holy Week services in 1955, the Roman
liturgical books have indicated divisions and subdivisions of rites by means
of numbers, headings, subheadings, etc. The integrity of the liturgical text
both in Latin and in the vernacular demands that this development be strictly
adhered to. Therefore, the ICEL headings and subheadings must be included
unaltered in liturgical books and in popular publications, with these excep-
tions:
a. It is permitted to introduce additional subheadings, provided they
do not conflict with or distort the ICEL translations.
b. A conference of bishops may formally choose to employ a substi-
tute terminology because of long-standing usage. In such cases the ICEL
terminology must also be included because it reflects the intent and
meaning of the Latin text.
SENSE LINES
In the preparation of its translations, the Advisory Committee and
Episcopal Board follow the principles set forth in the Apostolic See's Instruc-
tion on the Translation of Liturgical Texts (1969). In carrying out these
principles, ICEL has developed a certain style that reflects a contemporary
usage and taste that involves not only the content of the text but also the form
in which it is presented. In the preparation of its translations, therefore, ICEL
is particularly attentive to details of format, punctuation, capitalization,
paragraphing, and the like, since even these details aid the public proclama-
tion of the liturgical texts and contribute to an effective celebration of the
liturgy. All these elements are considered integral to the text.
10
One important element of style and format is the arrangement in sense
lines (sometimes called sight lines) of those liturgical texts which by their
nature are acclamatory or proclamatory: the prayers and most noninstruct-
ional materials. Sometimes this distinctive arrangement is required as well by
the poetic character of the material, the rhetorical format of the original, or
the relation of the texts to musical settings. More often, the division into
sense lines serves to clarify the parts of the text; it assists those who recite or
read aloud as well as those who read silently, and it contributes to the dignity
of the text on the printed page. Sense lines are used in the liturgical books
issued by the Apostolic See, in most vernacular liturgical books, and in
publications for popular use. This usage corresponds to contemporary biblical
translations where this kind of spacing is found not only in poetic passages,
but also in liturgical prayers and other proclamatory passages.
Such sense lines must be respected in the reproduction of texts—as well
as in paragraphing, division into stanzas, and the like. If only a few lines of a
given liturgical text are quoted in commentaries and the like, the division into
sense lines may be indicated, as is done with quoted verses, by the use of a
virgule or solidus (/).
ICET/ELLC TEXTS
ICET texts are texts that have been produced by the International
Consultation on English Texts, an ecumenical body of which ICEL was a
member. These texts have been revised by the successor to ICET, the English
Language Liturgical Consultation (ELLC). The following is a list of these
texts:
The Lord's Prayer Agnus DeiApostles' Creed Gloria PatriNicene Creed Benedictus (Canticle of Zechariah)Kyrie Te DeumGloria in Excelsis Magnificat (Canticle of Mary)Sursum Corda Nunc Dimittis (Canticle of Simeon)Sanctus/Benedictus
The texts, whether in their original form (1975) or as revised by ELLC
(1988), are in the public domain and as such do not require permission for
reproduction. It is sufficient to acknowledge the source of the text, for
example: English translation of the [insert title] by the International Consulta-
tion on English Texts or the English Language Liturgical Consultation.
ICET/ELLC texts employ not only sense lines but also special indenta-
tions, all of which were worked out after extensive discussion and agreement
by the representatives of the various church bodies. ICEL cannot be a party to
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any violation of the integral texts agreed to in good faith by the participants in
ICET/ELLC. Except in the case of musical setting of the ICET/ELLC texts,
ICEL strongly recommends that the special format of the texts prepared by
the participants in ICET/ELLC be followed. The ICET texts of these prayers
and information on their translations are contained in "Prayers We Have in
Common," second edition, which is published by:
S.P.C.K. Fortress Press16 Causton Street 2900 Queen LaneLondon, SW1P 4ST, England Philadelphia, PA 19129 U.S.A.
The ELLC texts and information on their translation are contained in
Praying Together, which is published by:
The Canterbury Press Abingdon PressNorwich Books and Music 201 Eighth Avenue, South13a Hellesdon Park Road Nashville, TN 37202Norwich, Norfolk NR6 5DR United States of AmericaEngland
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PART TWO
SCHEDULE OF ROYALTIES
PRELIMINARY NOTES
1. Royalties are due and payable on 1 October of each year for the preced-
ing period from 1 January to 30 June or fraction thereof and on 1 April of
each year for the preceding period from 1 July to 31 December or fraction
thereof. Interest must be paid at the rate of 6% per annum on any royalties not
paid within thirty (30) days of the date on which due.
2. Payments should be made in United States dollars or the equivalent in
other currencies according to the current rate of exchange, or in British
sterling for payment into the ICEL account in London. All payments are to be
made to the International Committee on English in the Liturgy, Inc.
For those paying into the ICEL account in London, payments must be
sent to:
Allied Irish BankGoodbard House15 Infirmary StreetLeeds, LS1 2JS, England
Sort Code: 23-84-02Account # 0195-6069
In addition, the Secretariat in Washington should be notified directly
concerning such payments to the London account.
3. In the calculation of royalties the number of books or other publications
sold is the determining factor. Royalty payment must be accompanied by a
verified statement of the publications for which payment is being made, that
is, for the number of copies sold during the period covered by the payment.
This information is always to be sent directly to the Secretariat.
4. The rate of royalty for ICEL texts is based on the percentage of ICEL
material within a publication. An exception to this rule is publications issued
13
on a periodical basis (for example, missalettes) in which the percentage of
ICEL material varies from issue to issue.
PUBLICATIONS SUBJECT TO ROYALTIES
Any publication produced for sale which contains ICEL translations is
subject to a royalty or flat fee. Publications for sale containing ICEL texts
which are or may be used for liturgical celebrations such as liturgical books
for celebrants or popular participation aids will be assessed a royalty or flat
fee. Other publications containing ICEL texts but not for use during liturgical
celebrations, such as textbooks, commentaries, religious education books and
materials, private prayer books, recordings, etc. may be assessed a royalty or
flat fee.
ICEL CONTENT AND NON-ICEL CONTENT
Only those texts copyrighted by ICEL are to be considered ICEL con-
tent. Non-ICEL material in a liturgical publication may consist of biblical
readings, the ICET/ELLC texts, psalms, hymns, musical settings, pastoral
introductions to the rites, illustrations, etc., unless they have been copyrighted
by ICEL (as in the case of the ICEL translation of the psalms and biblical
canticles).
Illustrations, which frequently are copyrighted, should be viewed as part
of the non-ICEL content in a publication. In some cases, a substantial amount
of space in liturgical books for children is taken up by illustrations. These
illustrations may constitute the only non-ICEL material in a publication. Thus
a publication containing 40 pages of ICEL texts and 10 pages of illustrations
would consist of 80% ICEL material.
Concerning musical settings of ICEL texts, for purposes of calculation
the text is considered to constitute half the material on a printed page of
music. Thus a publication containing ICEL texts as the sole content set to
music copyrighted by the publisher would contain 50% ICEL material.
ROYALTY SCHEDULES AND FEES
Minister's Editions
The following royalty schedule applies to all publications produced for
the use of the minister, for example, Sacramentaries, Lectionaries, and
various editions of the rites. The royalty rate given is a percentage of the
retail list selling price per copy sold.
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ROYALTY SCHEDULE: MINISTER'S EDITIONS
Category A: Royalty on the first 5,000 copies sold.
Category B: Royalty on the second 5,000 copies sold.
Category C: Royalty on copies sold above and beyond the first 10,000 copies.
Percentage ofICEL m aterial
10-2021-3031-4041-5051-6061-7071-8081-90
91-100
Category ARate
1.50%2.50%3.50%4.50%5.50%6.50%7.50%8.50%
10.00%
Category BRate
1.65%2.80%3.85%5.00%6.20%7.30%8.25%9.50%
11.25%
Category CRate
1.80%3.00%4.20%5.60%6.90%8.10%9.00%
10.00%12.50%
ROYALTY SCHEDULE:PUBLICATIONS ISSUED ON A PERIODICAL BASIS
Average Percentageof ICEL m aterial
10-15%16-20%21-25%26-30%31-35%
Rate
1.00%1.50%2.00%2.50%3.00%
Publications Issued on a Periodical Basis
The following royalty schedule applies to publications issued on a weekly,
bi-weekly, or monthly basis, for example, missalettes. The royalty rate given is
a percentage of the annual subscription rate per copy sold per year.
15
ROYALTY SCHEDULE: OTHER PUBLICATIONS
Category A: Royalty on the first 25,000 copies sold at the retail list selling price of$1.00 or more per copy.
Category B: Royalty on the first 25,000 copies sold at the retail list selling price ofless than $1.00 per copy.
Category C: Royalty on copies sold above and beyond the first 25,000 copies at theretail list selling price of $1.00 or more per copy.
Category D: Royalty on copies sold above and beyond the first 25,000 copies at theretail list selling price of less than $1.00 per copy.
Percentageof ICEL m a-
terial
5-1011-2021-3031-4041-5051-6061-7071-8081-90
91-100
Category ARate
.75%1.50%2.50%3.50%4.50%5.50%6.50%7.50%8.50%
10.00%
Category BRate
.37%
.75%1.25%1.75%2.25%2.75%3.25%3.75%4.25%5.00%
Category CRate
.80%1.60%2.60%3.80%4.80%6.00%7.00%8.00%9.00%
11.00%
Category DRate
.40% .80%1.30%1.90%2.40%3.00%3.50%4.00%4.50%5.50%
Other Publications
The following royalty schedule applies to all printed publications other than
minister's editions and publications issued on a periodical basis. This includes
hand missals, service books and hymnals, collections of official documents,
catechetical aids, commentaries, prayer books, and any other printed publication
in which ICEL texts make up 5% or more of the total material in the publication.
The royalty rate given is a percentage of the retail list selling price per copy
sold.
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Flat Fees
In most cases in which ICEL material is less than 5% of the total material
in a publication, the publisher will be assessed a flat fee for the ICEL material.
Computer Disks
A royalty will be charged on the sale of liturgical texts in an electronic
form such as computer disks. The royalty on the sale of ICEL texts on computer
disks or other means of electronic storage will be based on the royalty schedule
for "Other Publications." In addition the publisher will be required to pay a
percentage of any annual licensing fee charged to the purchaser after the initial
sale of these discs. This rate will also be based on the royalty schedule for
"Other Publications." Under this arrangement, the publisher's sublicense of
ICEL materials must be limited in quantity to the number of copies needed by
the particular community for its own use and the sublicense is granted on the
condition that the community printing materials for its use does not sell them.
Export Sales to Developing Countries
The royalty rate for the number of copies of a publication which are
exported to developing countries or which are produced within such countries
for use within their territories as defined by ICEL, will be discounted 50%.
Recordings
The royalty rate for ICEL texts on recordings is set at the statutory rate set
by the U.S. Government currently $ .066 or $ .0125 per minute or fraction of
playing time, whichever is larger, for each text embodied in the recording. When
this rate is adjusted by the U.S. Government, usually every two years, the ICEL
rate will be adjusted accordingly.
Additional Fees
ICEL charges an additional fee, above and beyond its royalty, for the use
of camera-ready copies (or photographic negatives, etc.) of its texts or its music
engravings, and for the use of its computer or typesetting disks which contain
the ICEL texts or music.
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PUBLICATIONS NOT SUBJECT TO ROYALTIES
Publications for One-Time Use
No royalty is charged for reprinting ICEL translations in a publication for
use at a specific Mass or celebration of an individual congregation or institution,
for example: convention program booklets, jubilee Masses, ordinations,
baptisms, first communions, confirmations, funerals, weddings, etc., provided
that (a) the publication is produced by the particular congregation or institution
rather than by a publishing firm and (b) the publication is not sold. ICEL hereby
grants permission to those institutions or congregations reprinting its texts or
music in publications for one-time use.
In addition, ICEL texts appearing in publications for such one-time use may
be reprinted without obtaining written or verbal permission under the following
conditions:
a. The appropriate ICEL copyright notice must appear on the cover,
inside cover, or title page (see Part III);
b. The official editions of the ICEL texts authorized by the respective
conference of bishops must be followed exactly.
Publications for More than One-Time Use
No royalty is charged on publications for more than one-time use such as
hymnals and other participation aids containing ICEL texts and produced by
parishes, schools, or religious communities for their individual use and not by
an outside firm, provided that the group printing this publication does not sell
it. Permission must be obtained from ICEL for the inclusion of ICEL texts in
publications for more than one-time use.
ICEL Newsletter (This publication is no longer available)
No royalty is charged on publications quoting the ICEL Newsletter in
whole or in part. ICEL does ask, however, that the ICEL Newsletter be
acknowledged as the source and the date of the newsletter and the volume and
number be given in the acknowledgment, for example, ICEL Newsletter,
January-March 1977, Volume 4, Number 1.
18
PART THREE
THE COPYRIGHT ACKNOWLEDGMENT
The required form of acknowledgment of ICEL materials in a specific work
will always be given in the contract or letter of permission sent by ICEL to the
publisher, institution, or individual(s) wishing to reproduce the ICEL texts.
ELEMENTS OF ACKNOWLEDGMENT
The acknowledgment of ICEL materials should always include:
1. name of the ICEL copyrighted work being reproduced, printed in
italics or underlined;
2. the symbol ©, or the word "Copyright," or the abbreviation "Copr.";
3. the year of original publication of the copyrighted work;
4. ICEL's corporate title in full as below:
International Committee on English in the Liturgy, Inc. (In successive
references within a single acknowledgment, the references after the
first may be abbreviated: ICEL.)
5. The phrase "All rights reserved" at the end of the acknowledgment.
ACKNOWLEDGMENT OF AN ENTIRE WORK
When the entire text of an ICEL work is a translation of the Latin edition
it should be acknowledged as in the following example:
The English translation of the Rite of Marriage © 1969, International
Committee on English in the Liturgy, Inc. All rights reserved.
When the acknowledgment of an entire ICEL work involves translations,
original texts, and pastoral introductions and notes and quotations from other
rites, the various elements should be named, where possible, as well as the
various rites employed in the work as in the example of the Order of Christian
Funerals:
The English translation, original texts, general introduction, pastoral notes,
arrangement, and design of Order of Christian Funerals © 1989, 1985,
19
International Committee on English in the Liturgy, Inc. (ICEL); excerpts
from the English translation of the Lectionary for Mass © 1969, ICEL;
excerpts from the English translation of The Roman Missal © 1973, ICEL;
excerpts from the English translation of Holy Communion and Worship of
the Eucharist outside Mass © 1974, ICEL; excerpts from the English
translation of The Liturgy of the Hours © 1974, ICEL; excerpts from
Pastoral Care of the Sick: Rites of Anointing and Viaticum © 1982, ICEL.
All rights reserved.
When different sources are being quoted the primary source should be
named first, as given in the above acknowledgment for the Order of Christian
Funerals. The acknowledgment of the remaining ICEL texts should then follow
in chronological order as in the above example.
ACKNOWLEDGMENT OF EXCERPTS
In acknowledging excerpts of ICEL texts it is preferable to name the
element(s) or the specific rite(s) being reproduced as given in the following
examples:
The English translation of the psalm responses and alleluia and gospel
acclamations from the Lectionary for Mass © 1969, 1981, International
Committee on English in the Liturgy, Inc. All rights reserved.
The English translation of the "Order for the Blessing of a Family" and the
"Order for the Blessing of a Married Couple" from the Book of Blessings ©
1988, International Committee on English in the Liturgy, Inc. All rights
reserved.
20
APPENDIX
THE ICEL CONTRACT (EXAMPLE)
AGREEMENT between International Committee on English in the Liturgy, Inc.,90 Parent Avenue, Ottawa, Ontario, K1N 7B1, Canada (hereinafter calledPROPRIETOR), and name of publisher (hereinafter called PUBLISHER).
WHEREAS, PROPRIETOR, in furtherance of the objectives of its corporate
charter, has authored, commissioned, compiled, revised, or otherwise created a
work in the English language entitled: name of ICEL text (hereinafter called the
TEXT, which term shall be deemed to identify either all or a portion of said
work), a copy of which is attached hereto as Exhibit A, and has secured or is
securing the copyright to the TEXT in various countries of the world;
WHEREAS, PUBLISHER desires to publish a work incorporating the TEXT in
whole or in part;
NOW, THEREFORE, in consideration of the mutual and dependent covenants
herein contained, the parties agree as follows:
1. PROPRIETOR grants to PUBLISHER, for the duration of the term of the
copyright or terms or copyrights in the TEXT, and all renewals and extensions
thereof, and subject to the terms and conditions of this AGREEMENT, a
nonexclusive license to print, publish, distribute, and sell the TEXT in the
country in the following form: title of publication (hereinafter called the
LICENSED WORK).
2. (a) PUBLISHER shall adhere strictly to the TEXT as shown in Exhibit
A and specifically must follow the wording, spacing, sense lines, capitalization,
and punctuation of such printed text, with the sole exception that spelling may
vary (e.g., honor/honour) to accommodate the usage in a particular country.
(b) PUBLISHER shall print the following copyright notice on the title
page of the LICENSED WORK or the page immediately following:
The English translation of title © 19 , International Committee on
English in the Liturgy, Inc. All rights reserved.
and agrees to print such other notices or legends requested by PROPRIETOR in
accordance with paragraph 2(c).
(c) The LICENSED WORK shall not be released by PUBLISHER unless
and until all final page proofs of the LICENSED WORK have been submitted
21
to and approved by PROPRIETOR in writing in advance of any public
distribution. Every edition of the LICENSED WORK containing revisions must
in like manner be specifically approved by PROPRIETOR. PROPRIETOR
agrees to answer all requests for approval by mailing a response to PUBLISHER
by first class mail within (20) working days of the receipt of said request from
publisher accompanied by PUBLISHER'S final page proofs. PUBLISHER
agrees to make all changes or corrections requested by PROPRIETOR but shall
be under no obligation to make changes or corrections requested after approval
of final page proofs until the next printing of the LICENSED WORK unless
PUBLISHER is notified within sufficient time to incorporate the same into its
normal work schedule or PROPRIETOR agrees to assume any extra expense to
incorporate such changes or corrections.
(d) A breach of any provisions of paragraph 2(b) or 2(c) by PUBLISHER
shall give PROPRIETOR the right to prohibit distribution or sale and to require
withdrawal from distribution or sale of any and all copies of the LICENSED
WORK and further, PROPRIETOR may immediately terminate this AGREE-
MENT.
3. (a) This license to PUBLISHER is restricted to those countries in which
PUBLISHER obtains in writing the imprimatur or other permission to publish
required by the Roman Catholic ecclesiastical authority of said country, which
it shall be the sole responsibility of PUBLISHER to obtain, and PROPRIETOR
makes no representation that said approval can be obtained. Distribution or sale
by PUBLISHER or its agent or with PUBLISHER'S cooperation within an
unlicensed territory shall give PROPRIETOR the right to prohibit further
distribution or sale and to require withdrawal from the unlicensed territory of
any and all copies of the LICENSED WORK and, further, PROPRIETOR may
immediately terminate this AGREEMENT.
(b) PUBLISHER shall in addition be bound to observe the regulations
established by the Roman Catholic conference of bishops, or its liturgical
commission, in each country in which publication or distribution of the
LICENSED WORK is licensed, and PUBLISHER agrees to publish, distribute,
and advertise the LICENSED WORK only in accordance with all requirements
specified in writing for the LICENSED WORK by said authority of each of said
countries. In the event of substantial breach of any of said regulations or
requirements, PROPRIETOR will notify PUBLISHER of the breach and if not
corrected within sixty (60) days, or within a shorter time specified by PROPRI-
ETOR appropriate to the circumstances (for example, if the work is released
prior to the set release date and must be immediately withdrawn from the
market), PROPRIETOR may immediately terminate this AGREEMENT.
(c) PUBLISHER shall provide PROPRIETOR with a copy of the written
approval under paragraph 3(a) and a copy of the written requirements specified
22
under paragraph 3(b) no later than at the time final page proofs are submitted to
PROPRIETOR in accordance with paragraph 2(c).
(d) The license as to a particular country shall extend for the term of
copyright in the TEXT and all renewals and extensions thereof as to that
country.
4. PUBLISHER shall fix the selling price or prices of the LICENSED WORK
and all terms applying to its sale and shall bear all expense of production,
publication, and advertising, except as elsewhere provided in this AGREE-
MENT, including the number and destination of free copies to be distributed for
advertising or other purposes.
5. PUBLISHER agrees that all advertising and promotional efforts to
encourage sales of the LICENSED WORK shall be conducted in a dignified
manner. PUBLISHER may, but is not required to, submit advertising materials
to PROPRIETOR in advance of use for PROPRIETOR'S approval. However, if
in the opinion of PROPRIETOR any advertising or promotional efforts of
PUBLISHER detract from the value of the TEXT, PROPRIETOR may require
revision or may prohibit distribution or may prohibit continued use thereof.
6. PUBLISHER shall pay to PROPRIETOR the following royalties: royalties
These are in addition to any royalties required by the Administrazione dei Beni
della Santa Sede for use of the Latin text from which the TEXT is derived.
7. (a) PUBLISHER shall render to PROPRIETOR at 1100 Connecticut
Avenue, NW, Suite 710, Washington, DC 20036, USA, semiannual statements
of account as of 30 June and 31 December of each year by first class airmail on
1 October and 1 April accompanied by remittance of the amounts of accrued
royalties reflected therein. PROPRIETOR, through its designated representative
or representatives, shall have the right during usual business hours to examine
PUBLISHER'S books of account insofar as they relate to the LICENSED
WORK to determine whether such statements of account are correct.
(b) If PUBLISHER fails to make payment in accordance with the
preceding paragraph, PROPRIETOR may send a notice of such default. If
PUBLISHER does not correct the default within one month after receipt of said
notice, PUBLISHER shall forfeit all rights under this AGREEMENT without
prejudice to the rights of PROPRIETOR to collect all monies due and any
damages.
(c) Interest shall accrue at the rate of 6% per annum on any royalties not
paid within thirty (30) days of the date on which due. The PUBLISHER shall be
liable to the PROPRIETOR for all reasonable cost, legal expenses and attorneys
fees incurred by the PROPRIETOR in processing or collecting delinquent
accounts and in connection with the pursuit of or exercise of any remedy under
this AGREEMENT either at law or in equity.
23
8. PROPRIETOR shall be entitled to receive on publication two (2)
presentation copies of the first edition of the LICENSED WORK and shall be
entitled to purchase (but not for resale) further copies, if available, at the lowest
price at which they are made available to anyone.
9. PUBLISHER agrees to publish the LICENSED WORK within one (1) year
of receiving each approval under paragraph 3(a) and to keep the LICENSED
WORK in print and for sale in each licensed territory during the term of the
copyright in the TEXT and to retain means for making the LICENSED WORK.
If PUBLISHER fails to keep the LICENSED WORK in print and for sale in a
licensed territory and further fails to reissue it within one (1) year after receipt
of demand from PROPRIETOR, PROPRIETOR may immediately terminate this
AGREEMENT.
10. PUBLISHER acknowledges that all right, title, and interest in and to the
TEXT reside in PROPRIETOR and that it will cooperate in such steps as may
be necessary or advisable to preserve, consolidate, vest, or record such right,
title, and interest in PROPRIETOR and further agrees that it will at no time
challenge such rights of PROPRIETOR or any copyright claimed therein by
PROPRIETOR and the provisions of this clause shall remain in force notwith-
standing the termination of this AGREEMENT.
11. All rights in the TEXT other than those specifically granted under this
AGREEMENT are reserved to PROPRIETOR, and PUBLISHER agrees to
make no use of the TEXT except as herein provided.
12. PROPRIETOR shall have the sole right, but not the obligation, to initiate
infringement actions against any third party based on a claim of infringement of
the TEXT.
13. PUBLISHER shall advise PROPRIETOR of any legal action against the
LICENSED WORK and PROPRIETOR shall have the right, but not the
obligation, to defend or participate in the defense by PUBLISHER if the rights
in and to the TEXT would be affected by the outcome.
14. Any notice, request, or other communication under this AGREEMENT
shall be deemed sufficiently given if sent by registered first class mail to
PROPRIETOR at the following address:
24
International Committee on English in the Liturgy, Inc.
1100 Connecticut Avenue, NW, Suite 710
Washington, DC 20036, USA
and to PUBLISHER at the address shown at the beginning of this AGREE-
MENT.
15. If (a) a petition in bankruptcy is filed by PUBLISHER, or (b) a petition in
bankruptcy is filed against PUBLISHER and such petition is finally sustained,
or (c) any order is entered directing the liquidation of PUBLISHER as in
bankruptcy, or (d) PUBLISHER makes an assignment for the benefit of
creditors, PROPRIETOR may immediately terminate this AGREEMENT and
thereupon all rights granted to PUBLISHER hereunder shall revert to PROPRI-
ETOR.
16. Upon termination in accordance with any provision of this AGREEMENT,
all materials supplied by PROPRIETOR and all plates and other means of
making the LICENSED WORK, within the control of PUBLISHER, shall be
delivered without charge to PROPRIETOR or its designee and PUBLISHER
shall have no claim to compensation for PROPRIETOR'S use or disposition
thereof or for sales of the LICENSED WORK. Notwithstanding the termination
of this AGREEMENT, PUBLISHER shall remain liable to PROPRIETOR for
all unpaid royalties or other monies due or to become due and any damages.
17. Neither party hereto shall be considered to be in breach of its obligations
hereunder (except for payment of monies) if it shall fail to fulfill the same for
reasons arising wholly or principally from government action, flood, fire, strike,
accidents, war (declared or undeclared), civil commotion, or any other
circumstances beyond the control of the party which would (but for the
provisions of this section) be in default of its obligations.
18. This AGREEMENT shall also be binding upon and inure to the benefit of
the successors, assigns, and other legal representatives of the respective parties
but PUBLISHER may assign rights hereunder only as part of the sale or transfer
of all of the assets of PUBLISHER as a going business and PUBLISHER has no
right to grant a sublicense hereunder.
19. This AGREEMENT shall be governed by and construed in accordance with
the laws of the DISTRICT OF COLUMBIA.
20. The Effective Date of this AGREEMENT is the effective date.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT
to be duly executed:
25
Use of ICEL Materials on Global Computer Networks
ICEL texts and translations that have been approved by the Conferences of
Bishops, have received the recognition of the Holy See, and have subsequently
been promulgated for use on the date established by the Conferences of Bishops
may be reproduced in a non-commercial site ("Site") on the global computer
network commonly known as the Internet without obtaining written or oral
permission, subject to the following conditions:
(1) there must be no fee charged to access the Site or any of the ICEL
translations, texts, or music, thereon;
(2) The appropriate ICEL copyright acknowledgment must appear on the first
and last pages and/or frames within the Site displaying the ICEL translation or
text (see www.icelweb.org and click on "copyright policies");
(3) The ICEL translations and texts must be followed exactly;
(4) These policies do not grant a license to publish texts in any other form or
any other right in ICEL's name and marks, and the Site may not display the
ICEL translations or texts or otherwise use the ICEL name in any way that
implies affiliation with, or sponsorship or endorsement by, ICEL;
(5) ICEL reserves the right to terminate or modify its permission to use its
translations and texts;
(6) ICEL reserves the right to take action against any party that fails to conform
to these policies, infringes any of its intellectual property rights, or otherwise
violates applicable law.